Privacy Policy

VERY IMPORTANT: THIS AGREEMENT made at time of booking is between NEWRY, MOURNE AND DOWN DISTRICT COUNCIL of the one part and the SIGNATORY ON THIS BOOKING FORM (hereinafter referred to as “the Licencee”) of the other part.

1. Definitions

“Berth” the space or spaces on the water at the Premises allocated to the Owner by the Council for the Vessel during the term of this Licence.

“Booking Form” the booking form completed by the Owner online at www.visitmournemountains.co.uk/albert-basin-booking-form

“Commencement date” the date the Licence starts, as set out in the Booking Form.

“Council” Newry Mourne and Down District Council of O’Hagan House, Monaghan Row, Newry

“Conditions” the terms and conditions of this Licence

“End Date” the date the Licence ends as set out in the Booking Form

“Licence” this Licence agreement between the Owner and Council permitting the Owner to Berth the Vessel at the Premises.

“Licence Fee” means the fee set out in the Booking Form

“Owner” the legal owner of the Vessel, whose name and contact details are set out in the Booking Form.

“Premises” all lands and water occupied and under control of Council at Albert Basin, Newry

“Vessel” the craft, boat, ship, yacht, dinghy or other marine structure described in the Booking Form.

2. The Licence

The Council hereby grants the Owner permission to use the Berth allocated to the Owner as detailed on the Booking Form from the Commencement Date until the End Date subject to the Conditions.

Rates of Charge for the Berth allocated at the Premises are published by Council.  Details of the charges applicable to the Berth will be given to the Owner at the Commencement Date.  The Owner shall pay the Licence Fee in full prior to the Commencement date.  No refunds of the Licence fee will be payable should the Owner remove the Vessel from the Berth prior to the End Date. 

This Licence is personal to the Owner and relates to the Vessel, it may not be transferred or assigned to a new owner.  The Owner may with the express written consent of Council change from the Vessel listed on the Booking Form to an alternative vessel provided that Boat Insurance is provided by the Owner prior to it being brought onto the Premises.  If the Owner wishes to change the Vessel during the Licence Period, the Owner will submit a new booking form.

Within 7 days of any agreement for the sale, transfer or mortgage of the Vessel, the Owner shall notify the Council in writing of the name, address and telephone number of the Purchaser, transferee or mortgagee.  Should the new owner wish to retain the vessel on the Premises the new owner shall lodge an application for a new berth. 

No part of the Premises or the Vessel or any other Vessel at the Premises shall be used for any commercial purpose.

3. Owner’s Obligations

The Owner shall comply with the following obligations and conditions throughout the term of this Licence: -

The Owner shall not erect a washing line at the Premises or on the Vessel and shall not hang laundry on the exterior of the Vessel.

The Owner shall take all litter from the Vessel home and shall not use the bins along Albert Basin at any time.  No refuse should be thrown overboard or left on the quay side.

In the event that the Vessel sinks the Owner shall take immediate action to remove the Vessel from the Premises and shall clear up any resulting debris or oil spill.  In the event that the Owner fails to comply with this clause the Council shall be entitled to recover the cost of the removal of the Vessel from the Premises and the clearing of any resulting debris or oil from the Premises from the Owner.

The Owner shall not erect or place on the Vessel any temporary canvas coverings or any other structures.

The Owner shall ensure that the Vessel is in a seaworthy and presentable state.  The Vessel shall be kept in good order, sufficient repair, maintained in a good and clean condition and be able to navigate under its own power at all times.

The Owner shall ensure that the Vessel has a valid boat safety certificate.

The Owner shall not operate any noisy, noxious or objectionable engines, radio or other apparatus or machinery within the Premises so as to cause any nuisance or annoyance to the Council other users of the Premises or its neighbours.

The Owner and all other users of the Premises must act in a responsible manner at all times and noise must be kept to a minimum, especially after 11pm. The Council reserves the right to require the Owner or any other user to leave the Premises immediately if they do not act in a responsible fashion or fail to observe the Conditions.

Animals are only permitted at the Premises on the condition that they are kept under the control of the Owner at all times. Dogs must be kept on leads. Owners and users are requested to exercise dogs away from the Premises and are responsible for collection and disposal of fouling. The Council reserves the right to require the removal of any animal from the Premises at any time.

The Owner hereby undertakes to be responsible for the behaviour of all persons visiting the Vessel including children who must be supervised at all times.

Swimming by Owners and their guests is not permitted in any part of the Premises unless they are participating in organised events.

The Owner shall not carry out any works to the Vessel at the Premises, other than minor running repairs or maintenance carried out by the Owner.  Should any works be considered by the Council, in its absolute discretion, to be a nuisance or annoyance then work started must be stopped immediately on being given notice.

The Owner shall not connect to Council’s electricity or water supply at Albert Basin at any time unless by prior agreement and arrangement with Council.  Cables shall not be left connected to the electricity supply when the Vessel is unoccupied.  The Owner is responsible for all cables running to the Vessel and shall indemnify Council in respect of all claims arising out of the cables at Albert Basin.

The Owner has confirmed that they are aware of and will comply with the terms of Berthing Procedures for Newry Ship Canal and Albert Basin and any amended version thereof issued by Council from time to time.

The Owner shall take all necessary precautions against the outbreak of fire upon the Vessel. The Vessel must have at least one fire extinguisher of an approved BSI standard type, size and installation for immediate use in case of fire. Extinguishers are to be regularly maintained and in good working order at all times.

The Owner shall not, nor shall they permit any other person to live upon the Vessel or stay overnight in the Vessel without the express prior written permission of the Council.

The Owner shall ensure that no dangerous, inflammable, poisonous, or noxious substance, oil, petrol, fuel, paint or contaminated bilge water or effluent are discharged or allowed to escape into the Premises from the Vessel or as a result of his acts or omissions or those of his visitors (it should be noted that water quality in the Premises is checked by the Council on a regular basis).

The Owner must notify the Council of any change of address or of any new telephone or mobile phone number and shall also notify the Council if the name of the Vessel is changed.

The Owner shall at all times comply with speed restrictions set out by Council.  Vessels must on entry and exit from the Premises be navigated at a speed and in a manner so as not to endanger or inconvenience other vessels, owners or users.

Except with the written consent of the Council such consent to be within the absolute discretion of the Council, no part or parts of the Premises shall be used for commercial purposes. Commercial purposes shall include hiring, embarkation or disembarkation of charter parties, sale or demonstration or hire of the Vessel.

4.Berth allocation

The Council retains absolute control of the Berth allocation.  The Owner shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to the owner by Council.  The Berth allocated in the Booking Form may be reallocated at the discretion of Council.

Vessels shall be berthed by the Owner in such a manner and position as Council may require.  A charge may be made for moving the Vessel if the Vessel is considered insecurely moored in the opinion of the Council.  Vessels shall only be moored to bollards and equipment designed for such purpose.  The Owner shall provide the necessary warps and fenders for the Vessel and shall ensure that all such warps and fenders are adequate and replaced, maintained or adjusted as necessary

Council takes no responsibility for any fendering fixed by the Owner. 

5. Owner’s warranty to Council

The Owner by entering into this Licence agreement confirms that they are the legal owners of the Vessel and have the immediate right to possess the Vessel.

The Owner confirms that the information supplied in the Booking Form is correct.  The Owner shall inform the Council immediately of any changes to the information, contained in the Booking Form.

6. Liability, Indemnity and Insurance

The Owner shall promptly report to Council any damage to the Premises or to any plant or machinery at the Premises whether caused by the Owner, by the Vessel or any other vessel or of any alleged defect at the Premises.

The Vessel and its contents are on the Premises at the Owner’s own risk and the Owner should ensure that they have appropriate insurance against all relevant risks.  The insurance shall cover fire and consequential damage. 

The Owner shall maintain adequate Public Liability Insurance cover for not less than £5,000,000 throughout the term of this Licence.  The Owner shall furnish the Council with a copy of the Vessel’s current insurance documents upon entering into the Licence and shall produce evidence that the Insurance is still in place to Council within 7 days of being requested to do so by Council at any time during the Licence term.

The Owner hereby indemnifies the Council in respect of a claim for loss, damage, salvage and third-party claims made against the Council as the result of the actions of the Owner, its users or caused by the Vessel or generally arising out of this Licence.

Any damage or loss caused to the Premises caused by the Owner, a member of the Owner's party, their invitees or pets or by the Vessel shall be the responsibility of the Owner and the Owner shall reimburse Council in respect of the costs incurred by Council to make good.

Council shall not be liable for any loss or damage caused to the Vessel and all persons entering into the Premises and Victoria Lock or mooring a Vessel in it do so at their own risk. The Council shall not be liable in any way for any injury to any such persons or for any loss or damage suffered by them or by any Vessel or property brought by them into the Premises.

7. Termination

7.1   Either party may terminate this Licence prior to the End Date by giving the other party 3 week’s written notice.  In the event that the Owner terminates this Licence then the Council shall not refund the Berthing fee.  In the event that Council terminates this Licence under this Clause then the Council shall provide a proportionate refund for the period between the date of termination and the End Date only. 

7.2   Council may end this Licence agreement immediately by giving the Owner written notice if: -

The Owner fails to pay the Berthing Fees on the date they are due, or

The Owner breaches a material Condition (and if remediable) the Owner fails to remedy such breach within the time frame set out in the notice sent by Council notifying the Owner of the breach in question.  

If the Owner is declared Bankrupt, if the Owner is an individual or if the Owner is a Company is declared insolvent.

In the event that Council terminates this Licence Agreement under Clause 7.2 then no refund of the Berthing Fee is payable to the Owner. 

Following any such termination notice, Council shall prepare an account of all sums owed by the Owner (including Berthing fees) up to the intended date of departure.  An Invoice of any amounts owing shall be payable by the Owner within 14 days of receipt of the Invoice.

Any notice of termination shall be successfully served if delivered by hand, or by being left on the Vessel (if at the Premises) or if sent by registered post or recorded delivery to the party’s address set out in the Booking Form or this Licence Agreement.

8. Rights of Sale and Detention

8.1   The Council reserves a general right (“General Lien”) to detain and hold onto the Vessel or other property pending payment by the Owner of any sums due to Council.  If the Licence is terminated or expires while the Council is exercising this General Lien it shall be entitled to charge the Owner at Council’s 24-hour rate for overnight visitors for each day between termination of the Licence and the actual date of removal of the Vessel from the Premises.

8.2   At the End Date or if the Licence is terminated earlier the date of termination, the Owner shall remove the Vessel from the Premises.  In the event that the Owner does not remove the Vessel from the Premises then the Council shall request in writing that the Owner remove the Vessel within 21 days and should they fail to do so, Council shall be entitled to either: -

8.3   Remove the Vessel from the Premises and store same for a period of 6 months.  Should the Owner fail to discharge the cost of removal of the Vessel and to collect the Vessel within the period of 6 months then Council shall be entitled to sell the Vessel and recover from the sale proceeds the cost of removal of the Vessel from the Premises, the cost of storage of the Vessel and any costs associated with the sale.  

8.4   In circumstances where it is not possible to remove the Vessel without excessive costs or where Council does not have sufficient storage facilities then Council will notify the Owner of their intention to sell the Vessel from the Premises and allow them one calendar month to remove the Vessel.  The Vessel can then be sold from the Premises and Council shall be entitled to recover from the sale proceeds all Berthing Fees and the reasonable costs associated with the sale.

9. Vessel Movements

The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Premises.

10. Dinghies

Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Council allocates a separate berth for them.If Council provides a separate berth the Council reserves the right to charge for this.

11. Rules and Regulations

The Owner, their family, any crew and any person carrying out work to the Vessel must observe and abide by the Premises rules and regulations and any health and safety and environmental policy in place from time to time, copies of which will be provided to you.The Council reserves the right to introduce new regulations at any time.Any breach of the Regulations will be treated as a serious breach of these Conditions.

12. General

12.1   Council will not be liable for delay in performing or failure to perform their obligations if the delay or failure resulted from circumstances beyond Council’s control (including but not limited to, acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government body, fire, explosion, a pandemic, flood, fog or bad weather, theft, malicious damage, strike, lock – out or industrial action).

12.2   Subletting of a Berth at the Premises is not permitted.

12.3   This Licence agreement shall be governed by Northern Ireland Law and the parties submit to the exclusive jurisdiction of the Northern Ireland Courts in relation to any dispute or claim arising out of or in connection with it.

Submission of the Albert Basin Booking Form is acceptance of the terms of this Licence.